BILL ANALYSIS �
SB 537
Page 1
Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 537 (Correa) - As Amended: June 23, 2011
�Note: This bill was double referred from the Assembly Veterans
Affairs Committee and was heard as it relates to issues under
its jurisdiction.]
SENATE VOTE : 39-0
SUBJECT : California Cadet Corps.
SUMMARY : Authorizes the Adjutant General to enter into an
agreement with the Superintendent of Public Instruction (SPI),
any county, city, or school governing board in order to
establish a military academy; and, makes various other changes
to the California Cadet Corps program, as specified.
Specifically, this bill :
1)Authorizes the Adjutant General to enter into a cooperative
agreement with the SPI, any county, city, or school governing
board for the purpose of establishing a military academy; and,
specifies that additional programs beyond the California Cadet
Corps may only be established if funds are appropriated for
the purposes of the new program.
2)Authorizes warrant officers and non-commissioned officers to
be appointed by the Adjutant General as commandants, or
assistant commandants of students.
3)Includes warrant officers and non-commissioned officers in the
following sections that currently apply to commissioned
officers:
a) Placing them under the same jurisdiction as commissioned
officers in relation to schools;
b) Subjecting them to rules, regulations, grade, and rank
determined by the Adjutant General;
c) Allowing those with prior service and honorable
discharge to be appointed;
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d) Requiring a uniform as prescribed by the Adjutant
General not to be inconsistent with the rules and
regulations of the United States Army;
e) Subjecting them to duty at encampments and exercises;
and,
f) Receiving similar pay to active duty equivalent ranks.
4)Authorizes the Governor to appoint special project officers,
commissioned and non-commissioned upon recommendation of the
Adjutant General.
5)Authorizes the Adjutant General to adopt the rules and
regulations for promotion of these positions.
6)Authorizes warrant officers and non-commissioned officers to
be appointed by the commandant of cadets with the approval of
the president, director, chief administrative officer, or
principal of the institution in question.
7)Authorizes the Adjutant General to order these officers,
commissioned and non-commissioned to temporary state active
duty.
8)Authorizes presidents, directors, chief administrative
officers, or principals of a school to remove a student from
the Cadet Corps for any reason deemed to be good cause.
9)Authorizes rifles to be purchased for marksmanship training.
10)Authorizes the Cadet Corps to utilize California National
Guard facilities for training purposes whenever practical.
11)Changes the unit inspection period from annual to every two
years or every year for those units which receive an
unsatisfactory inspection.
12)Deletes the requirement that the Oakland Military Institute
(OMI) be a non-residential program.
EXISTING LAW pertaining to military charter schools :
1)Authorizes the Adjutant General to enter into a cooperative
agreement with the City of Oakland and a school district for
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the purposes of establishing an OMI. Specifies the program
will be a nonresidential military institute that would provide
a structured, disciplined environment that would be conducive
to learning in a college preparatory environment. Specifies
that in addition to academic skills, students would develop
leadership, self-esteem, and a strong sense of community.
2)Establishes the Charter Schools Act of 1992 which authorizes a
school district, a county board of education or the state
board of education (SBE) to approve or deny a petition for a
charter school to operate independently from the existing
school district structure as a method of accomplishing, among
other things, improved student learning, increased learning
opportunities for all students, with special emphasis on
expanded learning experiences for students who are identified
as academically low achieving, holding charter schools
accountable for meeting measurable student outcomes, and
providing the schools with a method to change from rule-based
to performance-based accountability systems.
FISCAL EFFECT : According to the Senate Appropriations
Committee, the Department of Military indicates minor additional
costs associated with assisting and overseeing any additional
California Cadet Corps programs. However, to the extent that
new military academies are established as the bill authorizes,
even though the academies would be funded by the school district
or city which opts to establish them, the Military Department
would likely incur additional costs for oversight. The Adjutant
General's Office currently receives about $1 million annually
from the General Fund for support of military officers who work
at the OMI; therefore, the addition of any new military
academies could result in cost pressure for additional funding
from the state. Recent amendments provide that a new program
may only be established if funds are appropriated in the annual
Budget Act or other act.
COMMENTS : This bill was double referred from the Assembly
Veterans Affairs Committee and was heard as it relates to issues
under its jurisdiction.
The bill authorizes the Adjutant General to enter into an
agreement with the Superintendent of Public Instruction (SPI),
any county, city, or school governing board in order to
establish a military academy. The intent of the bill is to
authorize the establishment of additional military academies
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similar to the Oakland Military Institute (OMI). The bill
further specifies that any new California National Guard Youth
Program, except for the California Cadet Corps, may only be
established if funds are appropriated for purposes of the new
program in the annual Budget Act or any other act.
Charter School Background : According to the California
Department of Education (CDE), the 2009-10 count of operating
charter schools is 815 with student enrollment of more than
323,000 in the state. This includes three statewide benefit
charters and 20 SBE-approved charters. Some charter schools are
new, while others are conversions from existing public schools.
Charter schools are part of the state's public education system
and are funded by public dollars. A charter school is usually
created or organized by a group of teachers, parents and
community leaders, a community-based organization, or an
education management organization. Charter schools are
authorized by school district boards, county boards of education
or the state board of education. A charter school is generally
exempt from most laws governing school districts, except where
specifically noted in the law.
Oakland Military Institute : The OMI was authorized as a charter
school by the SBE in December 2000 and the school was
established in the Fall of 2001. OMI's charter petition was
first submitted to the Oakland Unified School District (OUSD),
and was denied by the district governing board. OMI appealed
that decision to the county office of education and then to the
SBE, where it was approved. OMI was later renewed by OUSD, and
the school district is now the authorizer of the charter school.
The mission of the OMI is to provide a structured and rigorous
academic program where cadets develop as leaders, scholars,
critical thinkers and citizens. Through a military framework,
the school inspires honor and pride within its cadets,
cultivating life-long respect, confidence, physical fitness and
wellness and appreciation for others. Upon graduation, cadets
will have completed the A-G requirements for admission to the
Cal-State and University of California systems as well as top
private and public universities nationwide.
Does this bill create a new process for establishing schools ?
By authorizing the Adjutant General to enter into an agreement
with the SPI, any county, city, or school governing board to
establish a military academy, does this bill authorize any one
of those entities to establish a school? Existing law only
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authorizes a school district, county office of education or the
SBE to authorize a charter school. It is unclear whether the
bill would allow the SPI, a county or a city to also authorize a
charter school, or establish another type of school separate
from the public school system. According to the author, the
intent of the bill is to clarify that school districts or county
offices of education can establish military academies as
alternative education programs, such as community day schools,
or charter schools in collaboration with the Adjutant General,
pursuant to their authority under existing law in the Education
Code.
Committee Amendment : In order to conform this bill with
existing state law and better clarify the author's intent, staff
recommends the bill be amended to specify that nothing in
existing law shall prohibit the Adjutant General from entering
into a cooperative agreement with the governing body of a school
district or county office of education for the purpose of
establishing a military academy pursuant to existing statutory
authority in the Education Code authorizing alternative
education programs, such as community day schools, and charter
schools.
REGISTERED SUPPORT / OPPOSITION :
Support
California Military Department - Office of the Adjutant General
National Guard Association of California
Opposition
None on file.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087